86.1260. Pensions of spouse and children of member who died in performance of duty.
Pensions of spouse and children of member who died inperformance of duty.
86.1260. 1. Upon the receipt of the proper proof that the death of amember in service was the natural and proximate result of an eventoccurring within the performance of duty or of an occupational diseasearising out of and in the course of such member's employment, there shallbe paid to the surviving spouse, or if there be no surviving spouse, thento the child or children of such member under the age of twenty-one yearsand those, if any, over the age of twenty-one years if mentally orphysically incapacitated from wage earning, in equal shares or dividedbetween or among them as the retirement board in its sole discretion shalldirect, the sum of fifty thousand dollars.
2. If a member dies in such manner that a surviving spouse or childwould be entitled to benefits under this section but there is no survivingspouse or child eligible to receive payments under this section, nopayments under this section shall be paid.
3. Notwithstanding any other law to the contrary, amounts payableunder this section shall not be subject to offset or reduction by amountspaid or payable under any workers' compensation or similar law.
(L. 2005 H.B. 323)